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Hubei Province Urban Housing Units Management Implementation Approach

Original Language Title: 湖北省城市房屋拆迁管理实施办法

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(Summit meeting of the Government of the Northern Province of Lake St. Helena 12 July 2004 to consider the adoption of the Decree No. 267 of 16 July 2004 on the People's Government Order No. 267 of 16 July 2004, which came into force on 1 September 2004)
Chapter I General
In order to strengthen the management of urban homes, to preserve the legitimate rights and interests of the dispersed parties, to ensure that construction projects are carried out smoothly, and to develop this approach in line with the Urban Housing Democtation Regulation (hereinafter referred to as the Regulations).
Article 2 implements home demolitions in State-owned land in the city planning area of this province and requires compensation and resettlement for the dispersed.
Article III refers to units that have access to housing demolitions.
This approach refers to all persons who have been removed from homes.
The scheme refers to units and individuals that have legal rental relations with the dispersed.
Article 4
More than the people's Government is responsible for the management of the housing demolitions sector (hereinafter referred to as the home demolition management) and for the supervision of the relocation of urban homes in this administrative area.
In line with the provisions of this approach and their respective responsibilities, the authorities of the people of the communes and districts, townships (communes) and the street offices should be co-ordinated with the management of urban homes.
Article 5 Home demolition planning and planning must be in line with urban overall planning, detailed control planning and construction planning, as well as historical cultural occupies and protection planning in the streets.
The city, the people's government should prepare long-term planning and annual plans for house demolitions, in accordance with the practice of economic and social development in the region, after approval by the provincial executive authorities and the development reform sector, to report back to the Commission and the Government of the people at the highest level.
Chapter II
Article 6. The demolitions should develop demolition plans and demolition programmes and obtain housing demolition permits in accordance with national provisions.
The demolitions plan should include the name, nature, engineering, land area, relocation, removal, duration of evictions, proposed cost estimates for demolitions, start-up work hours and completion of works.
The programme should include the nature of the demolition of houses, the use, area, the separation and relocation of areas, the way in which the house was installed, the temporary transition, the implementation of the demolition funds, the steps taken to dismantle evictions and security protection, environmental measures, etc. The right to house the house should be provided with proof.
Housing demolition management should be accompanied by detailed demolitions when granting a home demolition permit.
Article 7. In the course of evictions, the housing demolition management can monitor additional funds based on changes in circumstances.
Regulatory relocation funds should ensure that funds are used to compensate for house demolitions without diversion. Following the completion of the settlement mandate by law, the demolition management has confirmed that the remaining funds can be removed.
The amount of the regulation of the relocation indemnity shall be equivalent to the amount of funds required for the payment of monetary compensation for all evictions. The dispersion provides for the transfer of existing premises for property rights, which may be duly reduced.
Article 8
(i) New construction, expansion, alteration (including dressing, renovation);
(ii) Changes in homes and land use;
(iii) New housing rental relations;
(iv) The registration process for the registration of business in the place of house demolitions.
Article 9. Demobilizing persons shall carry out home demolitions within the period determined by the Housing Secret.
The range of demolitions is determined by the management of house demolitions on the basis of the planning of the local Red Line by urban planning authorities. In order to ensure that housing security requires the relocation of the land-based Red Line, the range of demolitions is determined by the housing dispersion management urban planning authorities.
The relocation period ended without the application for extension, and the relocation of homes was automatically invalid.
Article 10. The demolition of houses by demolition must be borne by construction companies that can ensure security.
Article 11. Removal of rented homes by dislocators and tenants of homes to reach agreement on the lifting of the lease relationship or resettlement by the dispersion of the house's tenants, the relocation of the dispersion agreement with the disloans; and the dispersion agreement with the tenants of the house to dislocate the lease agreement; the removal of the dispersed should be concluded with the dispersed and the settlement agreement with the tenants.
The model text of the relocation indemnity settlement agreement was developed by the provincial authorities for the use of the parties.
Article 12. Dismovals and dispersed persons or dispersed persons, dispersed persons and tenants of the house are not allowed to enter the settlement agreement and, upon request, are ruled by the host house demolition management. The house demolition management is a dispersed person and is decided by the same-ranking people's Government that the decision should be made within 30 days of receipt of the request.
An application for the ruling party shall provide the relevant information required for the decision. Prior to the ruling, the decision shall be communicated to the applicant's party for its reply and to organize mediation by the parties concerned; the parties reject mediation and may make decisions; and the fact that the decision is to be found in the course of the admissibility of the decision may take the decision to suspend the decision.
The parties may sue the People's Court within three months from the date of the transfer of the judgement, who have paid monetary compensation to the dispersed, or provided for the demolition, the relocation of the premises, and the execution of the demolition during the proceedings.
Article 13 dismantled persons should complete all demolitions of homes within the area of demolition (other than those required for planning), and the demolition management of houses has been confirmed and the registration process for the demolition of home ownership cards, land-use resource management is processed.
Article 14. Housing demolition management (other than financially allocated to the cause) may receive management fees for the dispersioners according to the standards established by the Government of the Provincial People.
The management fee income is based on the relevant provisions of extrabudgetary funds, with the exclusive storage of funds.
Chapter III Removal compensation
Article 15. Demobilization shall be compensated by law to the dispersed.
In addition to national legislation, legislation and regulations, house demolitions may not be subject to different compensatory accommodation criteria for the dispersed, owing to the different nature of construction projects.
Article 16 provides for a price assessment of house demolitions and property transfer, which is assumed by an institution with a real estate price assessment, and the valuation report must be signed by the professional valuationr.
It should be open, transparent and accessible, including through the balloting or dismantling of the parties. Following the determination of the dismantlement evaluation body, evictions were generally commissioned by the demolitions. The commissioner shall establish a written contract for the removal of the valuation of the contract with the valuation institution.
The cost assessment of technical norms, dispute handling procedures and regulatory norms for house demolitions is carried out in accordance with the relevant provisions of the State and the province.
The nature of the demolition of houses is divided into homes and non-residents.
Private housing and unit self-servation purposes are subject to the registration of home ownership cards, and the registration of home ownership cards is not clear or the construction clearance process has not been carried out, depending on the nature of buildings approved by the urban planning authorities.
The real estate management's immediate house use is determined on the basis of the rental voucher, which has been approved for the conversion of the home to a non-resident, and is duly compensated for the part of its business by the home.
Article 18 of the Government, as a land reserve, construction of public-use facilities and the nature of the new construction of houses after the demolition, is not suitable for the rest of the land, and the dispersion shall be subject to dispersal or monetary compensation. After evictions, there were the same commodities as the nature of the house demolitions, and under the same conditions, the evictions could be given priority.
Article 19 assessors and valuations associated with demolitions, dispersed or house tenants are not subject to the assessment of the house. It has been assessed that its assessment results are null and void.
Article 20 dismantles temporary buildings that do not exceed the period of ratification in order to grant compensation for the remaining period of time that has been used to assess their residual value by recosting.
Article 21 includes one of the following cases of house demolitions, which are proposed by the dispersioners to compensate for resettlement programmes, and the demolitions are carried out after the approval of the house demolition management. Before evictions, the demolitions should proceed to the process of compensating for the storage and evidentiary preservation of the house on matters related to demolitions.
(1) There is no certificate of property relations;
(2) The whereabouts of the owner are unknown.
Article 22 dismantled houses with mortgage rights, in accordance with the State's law relating to security.
Article 23 provides for the quality, design, etc. of house accommodation provided by demolitions, and should be in line with national legislation, legislation and relevant mandatory standards.
Article 24 should pay for relocation grants for the demolition of homes or tenants.
The specific criteria for the relocation grant, the temporary settlement grant are determined by the city, the State's Government, according to the local economic and material levels, with one annual publication.
Article 25 Demobilization of non-residential homes has resulted in economic losses caused by suspension, suspension and relocation, installation and transitional costs, with a one-time benefit from the demolition. Specific subsidies are provided by the municipalities and the State's Government.
Chapter IV Corporal punishment
Article 26, in violation of this approach, provides that the Regulations provide for administrative penalties, from their provisions.
Article 27, in breach of this approach, entrusts the dispersion assessment of the dispersion assessment by the housing demolition management responsible.
Article 28 assesses the intersection between the institutions and the dispersed parties, deliberately pressured or increased the cost of the real estate market assessment for the demolition of houses, the results of the assessment are null and void, with the exception of more than three times the proceeds of the offence imposed by the house demolition management, but not more than 30,000 dollars; the absence of the proceeds of the conflict and the imposition of a fine of up to 1 million yen; the serious circumstances until the suspension of the assessment is lifted; and the criminalization of the law.
Article 29 rejects, impedes the functioning of the house demolition management staff or flagrantly insults, beating the staff of the house demolition management in violation of the provisions of the security administration, which is punishable by law by the public security authorities; constitutes an offence punishable by the judiciary.
Article 33
Chapter V
Article 31 states that there are land demolitions in the city planning area in this province, and that they are subject to compensation and resettlement for the dispersed and are implemented in the light of this approach.
Article 32 The implementation of the Rules for the Removation of Urban Housing in Northern Lakes Province, issued on 6 November 1993, was also repealed.